[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Rules and Regulations]
[Pages 56082-56083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28147]


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DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[COTP San Juan 98-065]
RIN 2115-AA97


Safety Zone Regulations: Port of Guanica, Guanica, Puerto Rico

AGENCY: U.S. Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing an emergency safety zone for 
the port of Guanica, Puerto Rico. This safety zone is necessary to 
protect vessels and the port from navigation hazards associated with 
downed electrical power cables that stretch into Guanica Bay. Three 
high tension power cables detached from the western tower and remain 
attached to the eastern tower. The cables enter the water in vicinity 
of the Ochoa fertilizer facility and are submerged at an unknown depth 
possibly within the channel. All vessels are prohibited from anchoring 
in or transiting within the prescribed safety zone unless specifically 
authorized by the Captain of the Port San Juan, PR.

EFFECTIVE DATES: This regulation becomes effective at 3 p.m. on October 
7, 1998 for the port of Guanica, Puerto Rico, and will remain in effect 
until 6 p.m. on October 21, 1998.

FOR FURTHER INFORMATION CONTACT:
Commanding Officer, Marine Safety Office San Juan, P.O. Box 9023666, 
Old San Juan, Puerto Rico, 00902-3666, Attention: Lieutenant Commander 
Dreyfus, or phone (787) 729-6800 x308.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    This regulation is necessary to protect vessels from navigation 
hazards associated with downed electrical power cables that stretch 
into Guanica Bay. All vessels are prohibited from anchoring in or 
transiting restricted waters and channels unless specifically 
authorized by the Captain of the Port San Juan, PR. This regulation 
does not apply to authorized law enforcement or search and rescue 
vessels operating within the safety zone. The Captain of the Port San 
Juan, PR will issue a Marine Safety Information Broadcast Notice to 
Mariners (BNTM) to notify the marine community of the safety zone and 
the imposed restrictions. A separate BNTM will be issued to notify when 
the safety zone is no longer in effect. This regulation begins at 3 
p.m. on October 7, 1998 for the port of Guanica.
    In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
(NPRM) was not published for this regulation and good cause exists for 
making it effective in less than 30 days after Federal Register 
publication. Publishing a NPRM and delaying its effective date would be 
contrary to the public interest and safety since immediate action is 
needed to protect vessels from an electrical hazard and/or from 
obstruction.
    Regulatory Evaluation: This proposal is not a significant 
regulatory action under section 3(f) of Executive Order 12866 and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that order. It has been exempted from review by the Office 
of Management and Budget under that order. It is not significant under 
the regulatory policies and procedures for the Department of 
Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard 
expects the economic impact of this rulemaking to be so minimal that a 
full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.
    Small Entities: Under the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.), the Coast Guard considers whether this proposed rule will 
have a significant economic effect upon a substantial number of small 
entities. ``Small entities'' include small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000.
    Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that 
this proposed rule will not have a substantial economic impact on a 
substantial number of small entities as the regulations will only be in 
effect for a short period.
    Collection of Information: This rule contains no collection of 
information requirements under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.).
    Federalism: This action has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612 and has been 
determined that the rulemaking does not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment.
    Environmental Assessment: The Coast Guard has considered the 
environmental impact of this action and has determined, under figure 2-
1, paragraph 34(g) of Commandant Instruction M16475.1C, that this 
action is categorically excluded from further environmental 
documentation. This temporary safety zone is established to deal with 
an emergency situation for which a checklist and Categorical Exclusive 
Determination is not required.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reports and 
recordkeeping requirements, Security measures, Waterways.

[[Page 56083]]

Temporary Regulation

    In consideration of the foregoing, Title 33, Code of Federal 
Regulations, Part 165, Subpart C is amended as follows:

PART 165--[AMENDED]

    1. The authority citation for part 165 continues to read as 
follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6 and 160.5; 49 CFR 1.46.

    2. A new Sec. 165.T07-065 is added to read as follows:


Sec. 165.T07-065  Safety Zone: The Port of Guanica, Guanica, Pureto 
Rico.

    (a) Regulated Area. The following area is designated a safety zone: 
All navigable waters of Guanica Bay, Guanica, Puerto Rico.
    (b) Regulations: (1) The waters in Guanica Bay are closed to vessel 
traffic.
    (2) In accordance with the general regulations in Sec. 165.23 of 
this part, all vessels are prohibited from anchoring in or transiting 
the waters or channels of Guanica Bay unless specifically authorized by 
the Captain of the Port San Juan, PR.
    (3) This section does not apply to authorized law enforcement or 
search and rescue vessels operating within the safety zone.
    (4) The Captain of the Port San Juan, PR will issue a Marine Safety 
Information Broadcast Notice to Mariners to notify the maritime 
community of the safety zone and the restrictions imposed. A BNTM will 
notify the maritime community when the safety zone is no longer in 
effect.
    (c) Effective Dates. This section becomes effective at 3 pm on 
October 7, 1998 for the port of Guanica, Puerto Rico, and will be 
terminate at 6 pm on October 21, 1998.

    Dated: October 7, 1998.
B.M. Salerno,
Captain, U.S. Coast Guard, Captain of the Port, San Juan, PR.
[FR Doc. 98-28147 Filed 10-20-98; 8:45 am]
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